Title
Consider Directing Staff to Review and Update the City’s Ordinance to Increase Protection of Historic/Heritage Trees, including Adding Arborist Peer Review.
Body
COUNCIL REFERRAL FORM
Name of Councilmember requesting referral: Trish Spencer
Date of submission to City Clerk (must be submitted before 6:00 p.m. on the Monday two weeks before the Council meeting requested): December 21, 2016
Council Meeting date: January 3, 2017
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral:
Consider directing staff to review and update the City’s ordinance to increase protection of historic/heritage trees, including adding arborist peer review. Currently, Municipal Code Section 13-21.7c reads:
No protected tree shall be removed without the approval of a certificate of approval from the Historical Advisory Board. Protected trees shall include: the palm trees in the public right of way on Burbank Street and Portola Avenue; any street tree on Thompson and Central Avenues; and any Coastal Live Oak (quercus agrifolia) with a ten (10″) inch or greater diameter measured four and one-half (4.5') feet above the ground. Applicants shall submit an arborist's report in a case where the health of the tree is the reason for the requested removal of the tree, or a contractor's report in a case where damage to foundation or other structures is the reason for the requested removal of the tree. Any street tree shall be replaced, at the applicant's expense, to the satisfaction of the Public Works Director. Any oak tree shall be replaced with a minimum of two (2) oak trees of ten (10) gallon size or larger to the satisfaction of the Planning and Building Director.
Below are links to various city tree protection codes/ordinances in the East Bay:
Walnut Creek:
<http://www.codepublishing.com/CA/WalnutCreek/html/WalnutCreek03/WalnutCreek0308.html> Sections 3-8.01 - 3-8.05 Preservation of Trees on Private Property
Lafayette:
<https://www.municode.com/library/ca/lafayette/codes/code_of_ordinances?nodeId=TIT6PLLAUS_PT4SPLAUSRE_CH6-17TRPR_6-1701PUFI> Section 6-1707
Concord:
<http://www.cityofconcord.org/pdf/citygov/agendas/council/2012/0710/4D.pdf> Section 17 Subsection 114-75
Fremont:
<https://fremont.gov/TreeGuidelines> Tree Policy Guidlines
<http://www.codepublishing.com/CA/Fremont/?Fremont18/Fremont18215.html> Section 18.215
Palo Alto:
<http://www.cityofpaloalto.org/civicax/filebank/documents/51772> Page 17